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by no means disposed to give up or relinquish the prosecution of their unquestionable rights to indemnity.

You are already apprised of these views, through the confidential communication which the agent of the claimants addressed to you upon the subject, before his late departure from Copenhagen, and will be governed accordingly in your acceding to any adjustment, in other respects acceptable, which may not fall short of them.

In urging a settlement of those claims, you will remind Count Schimmelmann of the former declaration which was made to Mr Pedersen, minister resident of his Danish Majesty in the United States, by the then Secretary of State, by direction of the late President, on the 26th April, 1826, at the exchange of the ratifications of the general convention of friendship, commerce, and navigation, between the United States of America and his Majesty the King of Denmark;' that the government of the United States was firmly resolved to persevere in the pursuit of thern

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until they should be finally arranged upon principles of equity and justice; and of the official answer returned by Mr Pedersen on the same day, acknowledging the receipt of Mr Clay's note, containing that declaration on the part of the United States; which he says he would transmit to his government, as he doubtless did, with the ratification of this government, to which both notes were subjoined, as forming a part of the treaty itself, and as evidence

of the solemn condition upon which that ratification was made and exchanged. And you will take advantage of the occasion, to state to his Danish Majesty's Government, in earnest but respectful terms, that the present Executive of the United States will not be wanting in all suitable exertions to make good that declaration.

If you should conclude an arrangement with the Government of Denmark, in time to be laid before the Senate during its present session, it will be still more satisfactory to the President. In that case, should it become necessary to ensure the seasonable receipt at this place, of the convention, that you employ a courier to convey it to the minister of the United States at London, who will have constant opportunity of forwarding it hither, you are authorized to do so at a reasonable expense.

I am, sir, with respect, &c.,
M. VAN BUREN.

HENRY WHEATON,
Chargé d'Affaires of U. S. at Denmark.

Mr Wheaton to Mr Van Buren.

Copenhagen, March 6, 1830.

SIR: Your despatch, No. 8, under date of the 13th January, was received on the 23d February.

I immediately waited on Count Schimmelmann and Mr Stemann, and communicated to each of them the views of our Government upon the present posture of the negotiation, which I accompanied with such observations as I deemed suited to enforce these views.

In order, however, not to omitanything which might give weight to this final appeal to the justice and friendship of the Danish Government, I thought it expedient to hand to the ministers a written note. In framing this note, (a copy of which is enclosed,) I thought I should best fulfil the President's intentions, as explain ed in your despatch, by incorporating into it the tenor of the despatch itself. I have since omitted no suitable opportunity of urging upon Count Schimmelmann the importance of a prompt decision, which he has very earnestly promised me.

In the mean time, I have thought it best to acknowledge the reception of your despatch, and to inform you of the steps I have taken to execute your instructions.

I have the honor to be, with high consideration and respect, sir, your most obedient and humble servant,

HENRY WHEATON.

Copenhagen, February 25, 1830. The undersigned, Chargé d' Affaires of the United States of America, duly empowered to treat with their excellencies, Count Schimmelmann and Mr De Stemann, commissioners of his Danish Majesty, on the subject of the claims of American citizens for the capture and condemnation of their property, under the authority of the Danish Government, during the late maritime war, has the honor to state to the Danish commissioners, that the undersigned has just received the special instructions of

his government to call the attention of his Majesty's commissioners to the present state of the negotiation.

The Government of the United States has seen, with regret, that the efforts of the undersigned to accomplish a satisfactory arrangement with the Danish Government, in relation to the long pending claims of American citizens upon that government, have hitherto proved abortive, and that the conferences of the undersigned with the commissioners appointed by his Majesty the King to adjust, with the undersigned, this interesting concern, have resulted in the offer, on their part, of a sum so very inadequate to the object, and so entirely disproportioned to the amount of indemnity justly due.

The undersigned is directed. by the President to make known to his Majesty's Government, the deep disappointment which is felt by the Government of the United States, that the very moderate views and expectations of the claimants should have been met

by a spirit so little accordant with these views; and that the President is by no means disposed to give up or relinquish the prosecution of their unquestionable right to indemnity.

In urging a settlement of these claims, the undersigned is also instructed to remind the Danish commissioners of the former declaration made to Mr Pedersen, minister resident of his Majesty in the United States, on the 25th April, 1826, by the then Secretary of State, under the direction of the late President, be

fore proceeding to the signature of the subsisting convention of friendship, commerce and navigation, between the two countries, that the omission to provide in the treaty for the indemnities due to citizens of the United States, in consequence of the seizure, detention, and condemnation of their property in his Majesty's ports, was not thereafter to be interpreted into an abandonment of them by the Government of the United States, which, on the contrary, was firmly resolved to persevere in the pursuit of them, until they should be finally arranged upon principles of equity and justice; and to guard against any misconception of the fact of the silence of the treaty in this particular, or of the views of the American Government, Mr Pedersen was requested by Mr Secretary Clay to transmit that declaration to the Government of Denmark. In Mr Pedersen's reply to the official note containing this declaration, he acknowledges its reception, and engages to transmit the same to his Government, which, it is understood, was actually done, with the ratification of the American Government, to which both notes were subjoined, as forming a part of the treaty itself, and as evidence of the solemn condition upon which that ratification was made and exchanged.

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The undersigned is now thorized and instructed to state to their excellencies the Danish commissioners, in the most earnest manner, but with all the respect which is due to a friendly power, that the present Executive of the United States will not

be wanting in all suitable exertions to make good that declaration.

The undersigned is also instructed to inform the Danish ministers, that any arrangement of this important subject, which may be made by way to compromise, will be still more satisfactory to the President, if concluded in time to be laid before the Senate of the United States for ratification during the present session of Congress.

The undersigned forbears from pressing upon the attention of his Majesty's commissioners all those considerations growing out of the mutual relations between the two countries, which might be urged in favor of a prompt and satisfactory adjustment of the only subject of difference which could possibly interrupt the harmony which it is the unquestionable desire of the Government of each nation to cherish and invigorate. All these considerations will readily suggest themselves to the minds of their excellencies. The undersigned will, therefore, only add the assurance of his own personal anxiety to contribute by all honorable and proper means, his humble efforts to strengthen the ties of friendship which so happily exist between the Republic he has the honor to represent, and a Government for which he feels the sincerest respect.

The undersigned seizes this occasion to renew to their excellencies, his Majesty's commissioners, the assurances of his very distinguished consideration.

H. WHEATON. To their Excellencies the Danish Com

missioners,

Correspondence relating to the Arrangement of the Trade between the U. S. and the British Colonies.

Mr McLane to Mr Van Buren. London, November 14, 1829. THE absence of Mr Vezy Fitzgerald, the President of the Board of Trade, until the 1st instant, deprived me of the opportunity of an interview with him until the 3d and 4th; and the absence from town, and other engagements, of Lord Aberdeen, necessarily postponed any further conversation with him until yesterday. With him I had an interview yesterday, by appointment, and again discussed the subject of the colonial trade, and the objections urged by this Government to any change, for the present, in their colonial regulations.

In addition to what I have already communicated in my former despatches, the principal objections to a renewal of the offer of the trade to the United States upon the terms of the act of Parliament of 1825, or to make any change in the present regulations, appear to be the impracticability of changing their policy at the present period, without any alteration in the state of things in the United States; and it is made a serious ground of complaint that the late administration, failing to embrace the terms offered to the United States in common with other nations, resented a measure occasioned by their own wrong, by a heavy, and, what is here denominated an unparalleled retaliation upon the trade and commerce of Great Britain between their colonies and the U. States.

This Government supposes, moreover, that a great portion of

the trade with the British West India Islands, now carried on through the neutral entrepots, and all of that passing through the British possessions in North America, is on British account, and by British subjects, who have thus embarked their capital, relying upon their Government to adhere to the terms of the act of 1825, and the order in council consequent thereon. All these objections are allowed to have more weight than they really deserve, and the last is urged by the interest to which it relates, aided by those concerned in navigation, with great zeal and activity, and with considerable influence.

After the fullest and most laborious discussion of all these topics, I am perfectly satisfied that no adjustment of this question, which does not remove or obviate these objections, can be made, at least for the present. of this, the decided opinions uniformly expressed by each member of the Government with whom I have conducted the negotiation, leaves no doubt. Therefore, in my last interview with the President of the Board of Trade, and in that with Lord Aberdeen yesterday, I shaped my propositions in such manner as to get rid, as far as possible, of what are absolutely insuperable difficulties to any adjustment whatsoever.

This might be done by reverting to the state of things, so far as respects our colonial regulations, existing at the date of the

British act of Parliament of 1825, and doing by legislation now, what ought to have been done then, and which I professed myself willing to recommend to my Government, if I could be assured that such measures would be immediately followed by a revocation of the British order in council, and the extension to the United States of the advantages of the act of Parliament of 1825. To this view of the subject, presented strictly in accordance with the spirit and letter of my instructions, Lord Aberdeen declined giving a final answer until he could submit it to a cabinet council, which was expected to, and indeed did, take place yesterday.

Mr McLane to Mr Van Buren.

London, November 22, 1830. I forwarded you by the last despatch, the copy of a schedule of duties proposed by Mr Herries, the late President of the Board of Trade, in relation to their colonial trade. At that time, I had reason to believe that this measure, recommended under the influence of the ministry, would probably pass with little material attention. The recent occurrences, however, have changed these expectations, and I am now inclined to believe, that, if it pass at all, it will previously undergo some very material modifications more favorable to our interest in the colonial trade.

So far as we have a right to interfere, in any way, with the legislation of this Government in its colonial trade, I shall not be insensible either to the spirit of the arrangement recently concluded,

or to the general interests of our citizens.

It ought not to escape you, however, that, although until further legislation on this subject by the British Government, the trade will be carried on according to the recent arrangement, yet that, by the act of 7th of George IV, passed subsequently of course to that of 1825, but before the date of the order in council of 27th July, 1826, the free warehousing system, in the northern ports, for American flour, was authorized, and that article might be taken there, in British ships, to the West Indies, at a duty of 1 shilling per barrel. That act was general, and nominally applicable even to those nations who had complied with the conditions of the act of 1825, and was in operation when Mr Gallatin and Mr Barbour renewed their negotiation. How far we can, with propriety, oppose the present bill, under these circumstances, is not entirely clear, even if the interests of our commerce required it. I need only add that the whole subject will command my constant attention.

Mr McLane to Mr Van Buren.

London, December 14, 1829.

Finding myself unable, in the course of my verbal conferences with this Government, to obtain a definitive answer to the propositions I submitted for an arrangement of the colonial trade, I determined to ask for it by letter, that I might be able to announce the views of this Government in a more formal manner.

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